Durable General Power of Attorney Kit
A durable general power of attorney is a legal document which allows you to appoint someone you trust to make financial, legal, and other business decisions on your behalf. Unlike normal powers of attorney, which automatically come to an end if you become incapacitated, a durable power continues to apply (or start to apply) during any period of incapacity.
This Durable General Power of Attorney Kit contains all the information and ready-to-use lawyer prepared legal forms necessary to create a durable general power of attorney to cover almost any conceivable situation.
- Prepare a durable general power of attorney in minutes.
- Appoint someone to manage your affairs during incapacity.
- Protect your assets and family.
- Step-by-step instructions.
- Lawyer approved.
A durable general power of attorney is a legal document that enables you to appoint someone you trust (usually a friend, family member, colleague or adviser) to make financial, legal and other business decisions on your behalf.
Durable general powers of attorney are virtually unlimited in scope. They allow your agent to act as your authorized legal representative in relation to the whole cross-section of your legal and financial affairs until such time as that authorization is terminated. In other words, your agent will have full legal authority to make decisions and take actions on your behalf, as if you were taking them yourself. This could, for example, include signing letters and checks, executing contracts, dealing with real estate, investments and so on.
Unlike ordinary powers of attorney which automatically terminate when you become incapacitated and unable to make decisions for yourself, durable powers of attorney are not affected by your incapacity. In fact, many durable general powers of attorney only come into effect if you are incapacitated.
If you fail to make a valid durable general power of attorney your family (even your spouse) may be legally helpless to manage your property and your assets. In that case, they will have no option but to apply to the court to have it appoint a ‘guardian’ to manage your affairs. The court has discretion in terms of who it appoints as your guardian. It may appoint a family member or a professional (which you or your estate will have to pay for). Where a professional is appointed, the wishes of you and your family may not be taken into consideration in the management of the property. There is even a risk that your most valuable possessions will be sold to pay medical and other bills.
The only way to protect yourself is by having a durable general power of attorney and by appointing someone you trust to manage your affairs if you become incapacitated.
Our Durable General Power of Attorney Kit contains all the information and ready-to-use lawyer prepared legal forms necessary to create a durable general power of attorney to cover almost any conceivable situation. It also contains all the forms necessary to revoke your power of attorney. Simply follow the instructions and you can have your durable power of attorney prepared in a matter of minutes – quickly and easily.
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Table of Contents
Using Self-Help Kits
What is a Power of Attorney?
Types of Powers of Attorney
Capacity to Make a Power of Attorney
What Does Being “Incapable” or “Incapacitated" Mean?
Should I Make a Power of Attorney?
What Happens Without a Power of Attorney?
What if You Think You Don’t Need a Power of Attorney?
The Relationship Between Principal and Agent
Who Can Be an Agent?
Joint or Joint and Independent Agents
Scope of an Agent’s Powers
Duties and Responsibilities of an Agent
Choosing an Agent
What Laws Govern My Power of Attorney?
Witness to a Power of Attorney
Commencement of a Power of Attorney
Filing or Recording a Power of Attorney
Revocation of a Power of Attorney
Important Points & Recommendation
Appendix 1 - Signing Instructions
Instructions for Completing the Durable General Power of Attorney
Instructions for Completing the Agent’s Acceptance of Appointment
Instructions for Completing the Notice of Revocation of a Power of Attorney
Appendix 2- Durable General Power of Attorney for Finance and Property Form
Appendix 3 - Agent’s Acceptance of Appointment
Appendix 4 - Notice of Revocation of a Power of Attorney
The following forms are included with this kit:-
- Durable General Power of Attorney Form
- Notice of Revocation of a Power of Attorney
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